Auto Insurance Claims: Rear-ended, independent witness, ended question

Question
QUESTION: Can I prove that I wasrear-ended by the damage on my car? I wasrear-ended
but the person that hit me is claiming that I backedinto her. What can I do?
Thank you

ANSWER: Hi Leah,

Unfortunately, this is a classic he said...she said situation. Just be firm in your argument. Tell your insurance company not to pay this person.

There's not much you can do here except argue, unless there is an independent witness that can verify your story.

I hope this helps
Richard Hixenbaugh

---------- FOLLOW-UP ----------

QUESTION: Dear Richard,
Thank you for your advice, one more thing this person who hit me originally
said she would pay for the damage and not to go through insurance. Then
after she sent me to 3 garages,  she changed her mind (and story) and
contacted her insurance company.  I have text messages from her implying
that she would take care of things.  Will that help me?  Also I don't want my
insurance company involved can I handle this myself?  She had a witness in
the car who is following her story.  Thanks Again, Leah

Answer
Hi Leah,

You can try to use the text messages if there is a way to show them to her insurance company and be able to prove that they came from her. As far as her witness, you shoud tell them that her witness does not count because she is a friend who was in the car, not an independent witness. Of course her friend would lie for her.

Good luck
Richard Hixenbaugh